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<br />9. Condemvatbn. The proceeds of any award or claim for damages, direct or consequential, in connection with any
<br />condemoation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
<br />and shall be paid to Lender.
<br />In the event of a total taking of the Property, tie proceeds shall he applied to the sums secured by this Deed of Trust.
<br />with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and lender
<br />otherwise agree in writing, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds
<br />as is equal to that proportion which the amount of the sums secured by this Deed of Trust immedrately prior to the date of
<br />taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds
<br />paid to Borrower.
<br />If the Property is abandoned by Borrower, or if, after notice by !.ender to Borrower that the condemnor offers to make
<br />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is
<br />mailed, Lender is authorized to collect and apply the proeeeds, at Lender's option, either to restoration or repair of the
<br />Property or to [he sums secured by this Deed of Trust.
<br />Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend
<br />or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of
<br />such installments.
<br />l0. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured
<br />by this Deed of Trust granted by Lender to any successor in interest o[ Borrower shall not operate to release, in any manner,
<br />the liability of the original Borrower and Borrower's successors in interest. Lender shat! not be required to commence
<br />proceedings against such successor or refuse to extend time for payment nr otherwise modify amortization of the sums
<br />secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
<br />ii. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
<br />otherwise afforded by •applicable law, shall not fie a waiver of or preclude the exercise of any such right nr remedy.
<br />The procurement of insurance or the payment of razes or other liens or charges by Lender shalt not be a waiver of Lender's
<br />right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
<br />12. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right
<br />or remedy under this Deed of Trust or afforded by law or equity, and may' be exercised concurrently, independently or
<br />successively.
<br />l3. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
<br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
<br />subject to the provisions of paragraph I7 hereof. All covenants and agreements of Borrower shall he joint and several.
<br />The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to he used to
<br />interpret or define the provisions hereof.
<br />14. Nofice. Except for any notice required tinder applicable law to be given in another manner, (a) any notice to
<br />Borrower provided for in this Deed of Trust shall he given by mailing such notice fry certified mail addressed to Borrower at
<br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein. and
<br />(b) any notice to Lender shall be given by certified mail, return receipt requested. to Lender's address stated herein or to
<br />such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this
<br />Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein.
<br />15. Uniform Deed of Trash, Governing Law; Severebility. This form of deed of trust combines uniform covenants fo*
<br />national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
<br />covering real..property. This Deed of Trust shall he governed by the law of the jurisdiction in which the Property is located.
<br />ht the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall
<br />t nt~ag'ect,other`provisions of this Deed of Trust or the Note which can he given effect without the conflicting provision.
<br />_.aa%), ~jq~end-the rovisioro of the Deed of Trust and the Note are declared to be severable.
<br />16~.-~orrowe y."'Berrower shall be furnished a conformed copy of the Note and of this Dced of Trust at the time
<br />of execution or after recordation hereof.
<br />t7. Tramter of the Property; Assumption. if all ur any part of the Property or an interest therein is sold or transferred
<br />by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to
<br />this Deed of Trust, (h) the creation of a purchase money security interest for household appliances, (c) a transfer by devise,
<br />descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less
<br />not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to be
<br />immediately due and payable. !.ender shall have waived such option to accelerate if, prior to the sale or transfer, lender
<br />and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person
<br />is satisfactory to Lender and that the interest payable on the sums scoured by this Deed of Trust shall he at such rate as
<br />1_ender shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor
<br />in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from
<br />all obligations under this Deed of Trust and the Note.
<br />If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with
<br />paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within
<br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period.
<br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 1 S hereof.
<br />Noty-UNIFORM CoverveNis. Borrower and [.ender further iovenant :rod agree as follows:
<br />Ig. Accekretiov; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant ar
<br />agreement of Bortower in this Deed of Trust. including the covenants to pay when due any sums secured by this Deed
<br />of Trust. Lender prior to accekretion shag ma0 notice to Borrower as provided in paragreph !4 hereof specifying: (1) the
<br />breach; (2) the action required to cure such breach; (3) a dale, not less Than 30 days from the date the notice is mailed to
<br />Borrower, by which such breach mud be cured; and (4) that failure to cure such breach on or before the date specified
<br />iw the wtke may result in acceleration of the sums secured by this Deed of 'Crust and sale of the Property. The notice
<br />shag further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />the non-existence of a default ur any other defense of Borrower to acceleration and sale. If [he breach is not cured
<br />00 or before the date specified in the notce, Leader at Leaders optiou may declare aB of the sams secured by this Deed
<br />of Trust to lx immediately due and payable without further demand and may invoke the power of sale and any other remedies
<br />permitted by applicable law. -Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the
<br />reredies provided in this paragraph 18, including, but not limited to, reasonabk atiomey's fees.
<br />}f the power o[ sak is invoked, Truster shall record a notice of default in each county in which the Property or some
<br />part thereof is located and shall mail copies of such rrolice in the manner prescribed by applicable law to Borrower and to the
<br />other persoas prescribed by applicable law. Aftes the lapse of such time as may fie required by applicable taw, Trustee shall
<br />give puhlfc rwtke of sak to the persons and in the manner prescribed by applicable law. "Prustee, without dernand on
<br />Borroweq shag sell the Property at public auction to the highest bidder at the time and place and under the terms designated
<br />in the notce of sale in oar or more parcels and in such order as Trustee may determine. Trosiee may postpone sale of ail
<br />or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Gender or
<br />Leader's designee may purchase the Property at any sak.
<br />Upon rtceipl of payment of the price bid, Trostee shill deliver Tv the purchaser Trustees deed conveying the Property
<br />said. The r•ecilafs io the Trusier's deed shall be prima facie evidence of the truth of the s[attments made therein. Trustee
<br />shall apply the proceeds of the sak in the followirtR order. (a) to aB reasonabk costs and expenses of the sale, including, but
<br />not tirrrlted to, TrrWer's fees of not more than . OS ~ of the gross sale price, rexsorrable attorney's fees and coals of
<br />title evidence; tb) to alt sums secured by this Decd of TrrW; and /c) the excess, if any, to the person or persons legally entitled
<br />thereto.
<br />19. I3arrowePs Ri6ht to Reirrstale. Notwithstanding Lender's acceleration ul the sums secured by this Derd of l?utit.
<br />Borrower shat) have the right to have any prrw:eedings begun by Lender to enforce this ik~e+l -: !rust discunumrcd at
<br />any tune prior to rite earlier to occur n( {r} the fifth day before the xaic of the Property pursuant to i:. wcr of sale contained
<br />in ehis Dced oFTrrrst orfii)entry of a judgment cntorcing this Deed o('fntst iC (;rl Borower pays 1 enJw~ .di sums which uauld
<br />be then due under this iked of 'Coral, the Note and notes securing Future Advances. if any, had no acceleration oceurred:
<br />{b) Burrower cures all breaches of auy other covenants or agreements of Borrower contained in [his Deed of Trus':
<br />fe} Borrower pays all reasonable expenses incurreJ by 1 ender and "I'rustec in ~nfnrciag the covenants xnd agruments of
<br />Bs?rre?wer cantarnd in this CSetd of 7'rusl and in evfe~rcing Lenderi and 'frustce's remedies a, provided in paragraph Ii:
<br />txreof, iruluding, but not timued to, trasunablt atWrney's fees; and {di burrower tales such action as I.enda may ;easnnahh
<br />require to assurr that ehc. lien of •hix F~rsi rat ~t'nrat, I ender'x interar m the Property and Horrower's r,bligation to pa}'
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